Roberts v. Mack
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Roberts, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 24th day of December, 1903, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 24th day of December, 1903, denying the plaintiff’s motion for a new trial upon exceptions…
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Appeal by the plaintiff, Elizabeth Roberts, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 24th day of December, 1903, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing the plaintiff’s complaint, and also from an order entered in said clerk’s office on the 24th day of December, 1903, denying the plaintiff’s motion for a new trial upon exceptions taken at the trial.
1Opinion of the Court
Stover, J.:
This action was brought to have a deed executed by one of the defendants declared void as in fraud of creditors. The grantee of the alleged fraudulent creditor died before the commencement of *486this action, and his executrix and heirs are defendants. Plaintiff is a judgment creditor of the alleged fraudulent grantor.
Upon the trial the grantor in the alleged fraudulent deed was produced as a witness, and was asked to state conversations which took place between himself and his deceased grantee. This was objected to as incompetent under section 829 of the Code of Civil Procedure, and…
2Cited by1 opinion
- W. & J. Sloane v. TiffanyAppellate Division of the Supreme Court of the State of New York · 1905